Did you know that every employer is obliged to keep employment contracts and other documents at the workplace since 01.04.2012 (e.g. agreements for work outside the employment relationship) proving working relationships with all employees (not only with foreigners). This obligation causes considerable problems for some employers, as their workplaces are spread over several locations. These include employers in agriculture, construction, road maintenance, etc.
In the case of Failure to comply with this obligation may result in a minimum fine of CZK 250,000. (the upper limit is up to CZK 10,000,000).
From the provisions of § 136 of Act No. 435/2004 Coll., on Employment, as amended (hereinafter referred to as the "Employment Act"), implies the obligation of legal and natural persons to keep copies of documents proving the existence of an employment relationship and documents that they are obliged to keep pursuant to Section 102(3) of the Employment Act (i.e. documents proving the legality of the stay of foreigners in the territory of the Czech Republic).
On the website of the Ministry of Labour and Social Affairs, a publication on this issue was published press release dated 03.04.2012, stating that the State Labour Inspection Office has issued a methodological instruction to ensure a uniform procedure for carrying out inspections of illegal employment. This instruction is binding for all inspectors and other persons involved in inspections since 01.04.2012. According to it, inspectors and other persons carrying out inspections are obliged to Evaluate failure to submit documents according to the aforementioned provisions of the Employment Act directly at the workplace as illegal work.
Subsequent submission of these documents no longer affects the assessment of illegal work. In the above press release, the Minister of Labour and Social Affairs, Dr. Ing. Jaromír Drábek that it is for him, and I quote: "unacceptable practice where documents can be submitted to the control retrospectively, sometimes with a delay of days or weeks. Such a procedure naturally gave room for possible machinations and, for example, the creation of contracts or agreements that did not yet exist."
Therefore, if the required documents in documentary or electronic form are not immediately submitted at the workplace during the inspection, they cannot be provided subsequently (e.g., even the very next day) and a sanction for the administrative offence of facilitating illegal work will be imposed pursuant to Section 140(1)(c) of the Employment Act in the minimum amount of CZK 250,000.
A workplace also means a remote workplace - for example, a construction site or an establishment. In this case, the employee must carry the documents in question.
The employer is obliged (in accordance with the provisions of Section 9(1) of Act No. 251/2005 Coll., on Labour Inspection, hereinafter referred to as the "Labour Inspection Act") to create the conditions for the inspection and to provide assistance corresponding to the inspector's powers (pursuant to Section 7 of the Labour Inspection Act). Thus, the employer is obliged to submit the aforementioned documents (copies of employment contracts, agreements on the performance of work and agreements on work activity, including copies of documents proving the legality of the foreigner's stay in the territory of the Czech Republic) at the workplace where the inspection is carried out and during the inspection, as follows in paper form.
In cases where the employer has several workplaces with a small number of employees or where the specific nature of his activity so requires, the submission of a copy of the employment contracts or agreements imposed by in electronic form (scanned original contracts e.g. in *.pdf format) on storage media, e.g. CDs, DVDs, flash drives, etc. computer technology printable for the purpose of documenting the results of the audit.
What about you? Has anyone had any experience with an inspection by the State Labour Inspection Office regarding illegal employment of persons?
